# The Reservoirs (Scotland) Regulations 2016, Regulation 8: Structures or areas which are not controlled reservoirs


(1) Road and railway embankments which are designed to drain water (including from any upstream areas) through the embankment, subject to paragraph (2), constitute the structures or areas referred to in paragraph (f) of section 2(2) of the Act.
(2) The road and railway embankments referred to in paragraph (1) do not constitute the structures or areas referred to in paragraph (f) of section 2(2) of the Act if drains which are designed to drain water (including from any upstream areas) through the embankment are—
(a) artificially blocked for the purposes of using areas upstream to hold water; or
(b) constructed so that water is held above natural ground level.

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Source: https://www.legislation.gov.uk/ssi/2016/43/regulation/8 (the official version)
Page: https://openlegislation.uk/reservoirs-scotland-regulations-2016/regulation-8
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.